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2012-UP-047 - State v. McGee

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Nathaniel McGee, Appellant.


Appeal From Charleston County
Kristi Lea Harrington, Circuit Court Judge


Unpublished Opinion No.  2012-UP-047
Submitted January 3, 2012 – Filed January 25, 2012


APPEAL DISMISSED


Chief Appellate Defender Robert M. Dudek, of Columbia; for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

PER CURIAM:  Nathaniel McGee appeals his conviction for murder, arguing the trial court erred in refusing to instruct the jury that McGee should be given the benefit of every reasonable doubt after the jury asked for further instruction on the first element of self-defense.  Additionally, McGee filed a pro se brief.  After a thorough review of the record and briefs pursuant to Anders v. California, 386 U.S. 738 (1967), and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss the appeal and grant counsel's motion to be relieved.[1]

APPEAL DISMISSED. 

SHORT, WILLIAMS, and GEATHERS, JJ., concur.


[1] We decide this case without oral argument pursuant to Rule 215, SCACR.